Laid off from company.. H1B visa packet in hand..visa period starts by oct 1..suggestions needed

[itsubu]

Hi,

I m laid off from my job.

My H1B I-797A document is available with me

My H1B period starts only on oct 1, 2012

I m on OPT now.

What's the best way to be in status?

can i cancel my H1B now, so that I can get 90 days OPT time to get a job? Do I go back to OPT, if I cancel my H1B now? first of all, can I cancel my H1B after I got my H1B packet in hand? Is it allowed?

Will the company be able to revoke the H1B before the start date of H1B? or only after the H1B start date?

Or, what's the grace period, if I'm removed from payroll after oct 1, 2012?

I was even planning to bring my wife after marriage to US on H4.

If I can join a consultancy, I can get H1B transfer.

In that case, I can't go to attend my marriage or get the stamping done.

The short period to get a job is my problem.

Please provide your suggestions on this. Thanks in advance

[itsubu]

Please reply to this post....Its an emergency and shall be great if anyone replies with the correct details..

[pontevecchio]

First, who laid you off? OPT employer?

[nineballs]

Don't panic. I guess your best bet is to find a new employer who can sponsor a new H1-B for you. You can be filed under a new Cap exempt H1B visa.

Forget worrying about whether your employer can withdraw your H1 petition before Oct 1st or not. Since, you do not have a job with the employer, It really doesn't matter. A valid H1B doesn't alone make you a legal resident. You must have the job too.

So, start looking for a new job and get a new H1b filed. On the new H1, you can start working from Oct 1st as before and nothing really changes.

If you can't get a Job, you will have to leave the country, search for the Job from your home country, get your petition approved, get your visa stamped and return back to the US. You cannot be jobless on a H1B visa.

An expert attorney can better assist you on this.